Paid AOS/IV fees, but now a question about I-485.

[OkieGuitarist 0]

Hi, All.

I finally got some notification from the NVC that they received the I-130. (Which reminds me...I need to update my timeline!)

But I encountered another (hopefully minor) issue.

I was in such a giddy hurry to pay for the AOS and IV fees, that I didn't even notice that I should contact the NVS if the beneficiary (my wife) will adjust her status when she is here via an I-485.

I sent the NVC an email last night letting them know that she WILL need to adjust status. Haven’t heard back from them yet, but I am just curious if this will cause this a big problem/delay?

I had been doing so well with navigating the paperwork, with great help from this forum, but I figured I was bound to make SOME sort of mistake eventually!

Thanks very much!

Take care,

Eric

[Harpa Timsah 13,258]

?

Where is your wife?

If she is in the US why didn't you do a concurrent filing?

If you want to file I-485 you should never have started NVC processing. That will make things confusing.

[OkieGuitarist 0]

?

Where is your wife?

If she is in the US why didn't you do a concurrent filing?

If you want to file I-485 you should never have started NVC processing. That will make things confusing.

Hi,Harpa.

Sorry, I realized that my message was not terribly clear when I sent it.

Currently, my wife is in Slovakia, and so I filed a I-130 for her.

I had thought that we had to wait until she was here and do the I-485, because it requised the copy of her passport page with nonimiigrant visa. (Which she doesn't have yet, since her case is still at the NVC).

I am just hoping that it won't be a problem that I didn't file the I-485 before I paid the AOS fee. And on the sheet, it says:

If the applicant plans to adjust status with U.S. Citizenship and Immigration Services, please tell

us before paying any fees or taking further action.

[Harpa Timsah 13,258]

Okay, so since she is in Slovakia, you should pursue a visa for her, a spousal visa.

An I-485 is for someone who does not have a spousal visa, entered the US by some other means, and is now married. I-485 is filed by the applicant from within the US.

You are not going to adjust status.

She cannot come here to file the I-485, first it is illegal, but it is also much more expensive. You are already at NVC with an approved I-130 so I would continue communication with the NVC and stay on the visa path.

She will then interview at her local consulate and get an immigrant visa (spousal visa). Once she enters the US on her spousal visa, she will become a permanent resident.

So, in short, no I-485 for you, continue communication with NVC.

She should be here in just a few more months.

Good luck.

Edited April 1, 2014 by Harpa Timsah

[OkieGuitarist 0]

Okay, so since she is in Slovakia, you should pursue a visa for her, a spousal visa.

An I-485 is for someone who does not have a spousal visa, entered the US by some other means, and is now married. I-485 is filed by the applicant from within the US.

You are not going to adjust status.

She cannot come here to file the I-485, first it is illegal, but it is also much more expensive. You are already at NVC with an approved I-130 so I would continue communication with the NVC and stay on the visa path.

She will then interview at her local consulate and get an immigrant visa (spousal visa). Once she enters the US on her spousal visa, she will become a permanent resident.

So, in short, no I-485 for you, continue communication with NVC.

She should be here in just a few more months.

Good luck.

Ah, I think was thinking that I would have to complete an I-485 for her after she has moved here. I have no idea why! I think I am so excited (but stressed) my brain is all over the place.

Yes, I am definitely hoping she is here sometime in the summer! It has been a long road!

Thanks very much for all your help and guidance, Harpa!